101 CMR, § 27.03

Current through Register 1533, October 25, 2024

Section 27.03 - Definition of Terms

The following terms used in 101 CMR 27.00 have the meanings given in 101 CMR 27.03 unless the context clearly requires a different meaning.

Bureau of Special Education Appeals (BSEA). The entity with jurisdiction under M.G.L. c. 71B and the federal Individuals with Disabilities Education Act to mediate and adjudicate disputes related to the provision of special education and related services to children with disabilities.

Complex Case. A case involving an individual as defined in 101 CMR 27.03, where there is a lack of consensus or resolution between state agencies as to the individual's current service needs or placement, and the individual is waiting in a hospital emergency department, a medical bed, at home or other location and in urgent need of a disposition (placement, or identifying entity responsible for payment). A complex case will not include

(a) individuals who are deemed to meet hospital level of care requiring admission to an acute care hospital or inpatient psychiatric facility inclusive of the Department of Mental Health (DMH) Adolescent Continuing Care Unit, an Intensive Residential Treatment Program (IRTP), or at a psychiatric inpatient developmentally disabled unit; or

(b) cases where there is agreement as to the services or placement necessary for the individual, including agreement as to which entity is responsible for payment, and the individual has been on the waiting list for such services or placement for less than 60 days.

DALA. The Division of Administrative Law Appeals.

DCF. The Department of Children and Families, an agency within EOHHS.

DDS. The Department of Developmental Services, an agency within EOHHS.

EEC. The Department of Early Education and Care.

DESE. The Department of Elementary and Secondary Education.

DMH. The Department of Mental Health, an agency within EOHHS.

DYS. The Department of Youth Services, an agency within EOHHS.

EOE. The Executive Office of Education.

EOHHS. The Executive Office of Health and Human Services.

EOHHS State Agency. The agencies described in M.G.L. c. 6A, § 16 as within EOHHS, including MassHealth.

IDEA. The federal Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400et seq. The IDEA and M.G.L. c. 71B govern the provision of special education to eligible Massachusetts students.

Individual. A person who

(a) is under the age of 22;

(b) is disabled or has complex behavioral health or special needs; and

(c) qualifies or may qualify for services from one or more state agencies, or for special education services through their school district.

Interagency Review Team (IRT). The group of agencies and school district(s), as applicable, which are designated pursuant to M.G.L. c. 6A, § 16R(b), to conduct reviews and issue determinations for complex cases in accordance with the requirements of 101 CMR 27.00.

Interagency Services Reserve Fund. The fund established pursuant to M.G.L. c. 29, § 2TTTTT, administered by the secretary of EOHHS to effectuate the purpose of the interagency review established through M.G.L. c. 6A, § 16R and 101 CMR 27.00.

Legal Custodian. A parent, legal guardian, or a person or entity with legal custody of the individual or the authority to consent to services or treatment and to authorize the release of information about the individual.

Medical Bed. A bed in a hospital unit to which an individual is admitted while waiting to be placed in an appropriate therapeutic setting or to be provided with appropriate evaluations and services, and not for treatment for a medical condition.

OCA. The Commonwealth of Massachusetts Office of the Child Advocate.

Referral Date. The date the co-chairs determine the referral submission is complete and the case is eligible for IRT review, as set forth in 101 CMR 27.05(3) and 101 CMR 27.06.

School District. Consistent with the definition in 603 CMR 28.02: Definitions, a Massachusetts municipal school department or regional school district, a county agricultural school, and any other Massachusetts public school established by statute, certificate, or charter, with programmatic or financial responsibility for certain children and individuals in accordance with the procedures of 603 CMR 28.10: School District Responsibility.

101 CMR, § 27.03

Adopted by Mass Register Issue 1516, eff. 3/1/2024.